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Regulatory Capital Rule: Paycheck Protection Program Lending Facility and Paycheck Protection Program Loans; Correction (rule, 85 FR 22009, April 21, 2020)

Summary

A correcting amendment from the Federal Deposit Insurance Corporation (FDIC), published in the Federal Register on April 21, 2020 (Vol. 85, No. 77) and effective that day. It corrects the FDIC’s rule text in the interagency interim final rule on the Paycheck Protection Program Lending Facility and Paycheck Protection Program loans that appeared on April 13, 2020, to match the other federal banking agencies. The correction adds paragraph (e)(3)(viii) to the FDIC’s risk-weighted asset rule in 12 CFR part 324. The same pages also carry two unrelated items: a Rural Housing Service policy on Community Facilities loan payment deferrals and a National Credit Union Administration rule on loan participations.

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“Regulatory Capital Rule: Paycheck Protection Program Lending Facility and Paycheck Protection Program Loans; Correction (rule, 85 FR 22009, April 21, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/regulatory-capital-rule-paycheck-protection-program-lending-facility-a-6b79bb2f52/, SHA-256 7932218ed6cb5090198eddb28e8462285eca22f0ad08042987363e48891b0b51.

Full text

                                                                                                                                                                                                22009

                                           Rules and Regulations                                                                                         Federal Register
                                                                                                                                                         Vol. 85, No. 77

                                                                                                                                                         Tuesday, April 21, 2020



                                           This section of the FEDERAL REGISTER                    resulting from the COVID–19 pandemic,                 scheduled loan repayment at the end
                                           contains regulatory documents having general            by deferring payments for a period no                 the agreement. The proposed plan can
                                           applicability and legal effect, most of which           longer than one year from the date the                include reamortization of the remaining
                                           are keyed to and codified in the Code of                original payment is due. The borrower                 payments within the original loan term
                                           Federal Regulations, which is published under           must request any payment deferments                   after the deferral period expires. All
                                           50 titles pursuant to 44 U.S.C. 1510.
                                                                                                   from the Agency in writing. The State                 proposals should be in accordance with
                                           The Code of Federal Regulations is sold by              Directors have the authority to approve               the CF servicing regulations outlined at
                                           the Superintendent of Documents.                        the payment deferral on loans where the               7 CFR part 1951, subpart E;
                                                                                                   aggregate balance of principal and                       2. The borrower must provide
                                                                                                   interest on the loan is $10 million or                documentation, such as but not limited
                                           DEPARTMENT OF AGRICULTURE                               less. Any loans over that amount will                 to: a statement of cashflows or current
                                                                                                   require Agency Administrator approval.                income and expenses approved by an
                                           Rural Housing Service                                   Any deferral request for a CF project                 official of the borrower, a statement of
                                                                                                   that has both a CF Direct Loan and a CF               temporary closure approved by an
                                           7 CFR Part 1951                                         Guaranteed Loan, where the request will               official of the borrower, or a
                                           [Docket No. RHS–20–CF–0011]                             modify the parity arrangement that is                 proclamation or order from a
                                                                                                   presently in place or that has a different            government entity requiring temporary
                                           Notification of Direct Loan Payment                     deferral term, will require Agency                    closure or significant reduction of
                                           Deferrals for the Community Facilities                  Administrator review and concurrence.                 facility operations. The documentation
                                           Direct Loan Program                                     The Agency will notify the borrower                   must substantiate the narrative provided
                                                                                                   when payment deferral requests do not                 under item #1; and
                                           AGENCY: Rural Housing Service, USDA.
                                                                                                   meet the Agency’s requirements. The                      3. Form RD 1951–10, Community
                                           ACTION: Temporary policy.                                                                                     Programs Workout Agreement will be
                                                                                                   Agency does not consider a loan that is
                                                                                                   under a deferral agreement to be a                    signed by both parties prior to executing
                                           SUMMARY: The Rural Housing Service,
                                                                                                   delinquent loan. After September 30,                  any payment deferral action.
                                           hereinafter referred to as the Agency,
                                                                                                   2020, borrowers must resume obtaining                    The borrower should contact the
                                           will temporarily allow borrowers with
                                                                                                   Agency approval in accordance with all                appropriate State Office by telephone to
                                           direct loans within the Community
                                                                                                   applicable program regulations, forms,                discuss the request for payment deferral
                                           Facilities (CF) Program to request
                                                                                                   and existing authorities. This guidance               prior to submitting the required
                                           payment deferrals during the period
                                                                                                   applies to all borrowers that had a                   documents. The State Office contact
                                           specified in the DATES section of this
                                                                                                   current repayment status as of March 1,               information is available at: https://
                                           notification. This temporary
                                                                                                   2020. Borrowers that were delinquent                  www.rd.usda.gov/contact-us/state-
                                           authorization applies to CF direct loan
                                                                                                   prior to March 1, 2020 will continue to               offices. Unpaid interest accruing during
                                           borrowers who are experiencing
                                                                                                   be serviced under 7 CFR part 1951,                    a deferral agreement is not subject to the
                                           temporary cash flow issues due to the
                                                                                                   subpart E, and 7 CFR part 1956, subpart               limitation of the accrued interest under
                                           Coronavirus (COVID–19) pandemic. The
                                                                                                   C.                                                    7 CFR 1951.221(a)(2)(ii).
                                           Agency will provide the option of
                                           principal and interest payment deferrals                   Paperwork Reduction Act: In                        Bruce W. Lammers,
                                           to borrowers impacted by COVID–19 for                   accordance with the Paperwork                         Administrator, Rural Housing Service.
                                           up to one year due to hardship on a                     Reduction Act of 1995 (44 U.S.C. 3501
                                                                                                                                                         [FR Doc. 2020–08429 Filed 4–17–20; 4:15 pm]
                                           case-by-case basis.                                     et seq.), the information collection
                                                                                                                                                         BILLING CODE 3410–XY–P
                                                                                                   activities associated with this
                                           DATES: This policy is effective May 12,
                                                                                                   notification are covered under OMB
                                           2020 and the temporary authorization to
                                                                                                   Number: 0575–0066. This notification
                                           request payment deferrals under this                                                                          FEDERAL DEPOSIT INSURANCE
                                                                                                   contains no new reporting or
                                           notification expires on September 30,                                                                         CORPORATION
                                                                                                   recordkeeping requirements that would
                                           2020.
                                                                                                   require approval under the Paperwork
                                           FOR FURTHER INFORMATION CONTACT:                                                                              12 CFR Part 324
                                                                                                   Reduction Act of 1995.
                                           Anita Outen, Community Facilities, at                      Submissions: The Agency is requiring               RIN 3064–AF49
                                           202–720–1497 or via email at                            the following information from the CF
                                           Anita.Outen@usda.gov.                                   direct loan borrowers to be considered                Regulatory Capital Rule: Paycheck
                                           SUPPLEMENTARY INFORMATION: CF has the                   for a deferral of payments pursuant to                Protection Program Lending Facility
                                           statutory authority to defer principal                  this notification:                                    and Paycheck Protection Program
                                           and interest payments in accordance                        1. A brief narrative addressing how                Loans; Correction
                                           with 7 U.S.C. 1981a of the Consolidated                 the COVID–19 pandemic has impacted                    AGENCY: Federal Deposit Insurance
                                           Farm and Rural Development Act,                         the operation of the facility and                     Corporation.
                                           section 331A. Beginning immediately                     hindered the borrower’s cash flow                     ACTION: Final rule; correcting




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                                           and through September 30, 2020, the                     indicating that the circumstances were                amendment.
                                           Community Facilities Direct Loan                        beyond the borrower’s control. The
                                           Program may assist borrowers that are                   narrative should also include the                     SUMMARY: The Federal Deposit
                                           temporarily unable to continue making                   borrower’s name and account                           Insurance Corporation (FDIC) is
                                           payments of principal and interest due                  information as well as a proposed                     correcting its rule text in conjunction
                                           because of temporary cash flow issues                   operations plan that addresses                        with the interagency interim final rule


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                                           22010                 Federal Register / Vol. 85, No. 77 / Tuesday, April 21, 2020 / Rules and Regulations

                                           that appeared in the Federal Register on                    with the regulatory capital rules of the            of loan participations that a FICU may
                                           April 13, 2020, titled ‘‘Regulatory                         other federal banking agencies.                     purchase from a single originating
                                           Capital Rule: Paycheck Protection                             For the reasons stated in the                     lender to the greater of $5,000,000 or
                                           Program Lending Facility and Paycheck                       preamble, the FDIC corrects 12 CFR part             200 percent of the FICU’s net worth.
                                           Protection Program Loans.’’ This                            324 as follows:                                     The Board is also temporarily
                                           correction is necessary to conform the                                                                          suspending limitations on the eligible
                                           FDIC’s rule text to the regulations of the                  PART 324—CAPITAL ADEQUACY OF                        obligations that a federal credit union
                                           other federal banking agencies that                         FDIC-SUPERVISED INSTITUTIONS                        (FCU) may purchase and hold. In
                                           issued that interagency interim final                                                                           addition, given physical distancing
                                                                                                       ■ 1. The authority citation for part 324
                                           rule.                                                                                                           policies implemented in response to the
                                                                                                       continues to read as follows:                       crisis, the Board is tolling the required
                                           DATES: Effective April 21, 2020.                              Authority: 12 U.S.C. 1815(a), 1815(b),            timeframes for the occupancy or
                                           FOR FURTHER INFORMATION CONTACT:                            1816, 1818(a), 1818(b), 1818(c), 1818(t),           disposition of properties not being used
                                           FDIC: Michael Phillips, Counsel,                            1819(Tenth), 1828(c), 1828(d), 1828(i),             for FCU business or that have been
                                           mphillips@fdic.gov; Catherine Wood,                         1828(n), 1828(o), 1831o, 1835, 3907, 3909,
                                                                                                                                                           abandoned. These temporary
                                           Counsel, cawood@fdic.gov; Francis Kuo,                      4808; 5371; 5412; Pub. L. 102–233, 105 Stat.
                                                                                                       1761, 1789, 1790 (12 U.S.C. 1831n note); Pub.       modifications will be in place until
                                           Counsel, fkuo@fdic.gov, Supervision                         L. 102–242, 105 Stat. 2236, 2355, as amended        December 31, 2020, unless extended.
                                           Branch, Legal Division, Federal Deposit                     by Pub. L. 103–325, 108 Stat. 2160, 2233 (12        DATES: This rule is effective from April
                                           Insurance Corporation, 550 17th Street                      U.S.C. 1828 note); Pub. L. 102–242, 105 Stat.       21, 2020 through December 31, 2020.
                                           NW, Washington, DC 20429.                                   2236, 2386, as amended by Pub. L. 102–550,          FOR FURTHER INFORMATION CONTACT:
                                           SUPPLEMENTARY INFORMATION: On April                         106 Stat. 3672, 4089 (12 U.S.C. 1828 note);         Policy and Analysis: Amanda Parkhill,
                                           13, 2020, the Office of the Comptroller                     Pub. L. 111–203, 124 Stat. 1376, 1887 (15
                                                                                                       U.S.C. 78o–7 note); Pub. L. 115–174; Pub. L.
                                                                                                                                                           Director, Policy Division, Office of
                                           of the Currency (OCC), Board of                             116–136, 134 Stat. 281.                             Examination and Insurance, at (703)
                                           Governors of the Federal Reserve                                                                                518–6360; Legal: Ariel Pereira, Staff
                                           System (Board), and the FDIC                                ■ 2. Amend § 324.131 by adding                      Attorney, Office of General Counsel, at
                                           (collectively, the agencies) published a                    paragraph (e)(3)(viii) to read as follows:          (703) 518–6540; or by mail at: National
                                           final rule ‘‘Regulatory Capital Rule:                       § 324.131 Mechanics for calculating total           Credit Union Administration, 1775
                                           Paycheck Protection Program Lending                         wholesale and retail risk-weighted assets.          Duke Street, Alexandria, Virginia 22314.
                                           Facility and Paycheck Protection                                                                                SUPPLEMENTARY INFORMATION:
                                                                                                       *     *     *     *    *
                                           Program Loans’’ (PPPL final rule).1 In
                                                                                                         (e) * * *                                         I. Background
                                           the wake of economic disruptions
                                                                                                         (3) * * *                                         II. Legal Authority
                                           caused by COVID–19, the Board of                                                                                III. Section-by-Section Analysis
                                                                                                         (viii) The risk-weighted asset amount
                                           Governors of the Federal Reserve                                                                                IV. Regulatory Procedures
                                                                                                       for a Paycheck Protection Program
                                           System authorized each of the Federal
                                                                                                       covered loan as defined in section                  I. Background
                                           Reserve Banks to participate in the
                                                                                                       7(a)(36) of the Small Business Act (15
                                           Paycheck Protection Program Lending                                                                                The COVID–19 pandemic has created
                                                                                                       U.S.C. 636(a)(36)) equals zero.
                                           Facility (PPPL Facility), pursuant to                                                                           uncertainty for FICUs and their
                                           section 13(3) of the Federal Reserve Act,                   *     *     *     *    *                            members. The Board is working with
                                           to provide liquidity to small business                      Federal Deposit Insurance Corporation.              federal and state regulatory agencies, in
                                           lenders and the broader credit markets,                       Dated in Washington, DC, on April 15,             addition to FICUs, to assist FICUs in
                                           to help stabilize the financial system,                     2020.                                               managing their operations and to
                                           and to provide economic relief to small                     Robert E. Feldman,                                  facilitate continued assistance to credit
                                           businesses nationwide. The PPPL final                       Executive Secretary.                                union members and communities
                                           rule allows banking organizations to                        [FR Doc. 2020–08361 Filed 4–20–20; 8:45 am]         impacted by the coronavirus. As part of
                                           neutralize the regulatory capital effects                   BILLING CODE 6714–01–P                              these ongoing efforts, the Board is
                                           of participating in the facility.                                                                               temporarily modifying certain
                                              The PPPL final rule permits banking                                                                          regulatory requirements to help ensure
                                           organizations to exclude exposures                          NATIONAL CREDIT UNION                               that FICUs remain operational and
                                           pledged as collateral to the PPPL                           ADMINISTRATION                                      liquid during the COVID–19 crisis. The
                                           Facility from a banking organization’s                                                                          Board has concluded that the
                                           total leverage exposure, average total                      12 CFR Part 701                                     amendments will provide FICUs with
                                           consolidated assets, advanced                                                                                   necessary additional flexibility in a
                                                                                                       RIN 3133–AF15                                       manner consistent with the NCUA’s
                                           approaches-total risk-weighted assets,
                                           and standardized total risk-weighted                        Temporary Regulatory Relief in                      responsibility to maintain the safety and
                                           assets, as applicable. The PPPL final                       Response to COVID–19                                soundness of the credit union system.
                                           rule also amends section 32 of the                                                                              The temporary amendments are
                                           FDIC’s regulatory capital rule to clarify                   AGENCY: National Credit Union                       effective upon publication and will be
                                           that PPP covered loans originated by a                      Administration (NCUA).                              in place through the end of calendar
                                           banking organization under the                              ACTION: Temporary final rule.                       year 2020, unless the Board takes action
                                           Paycheck Protection Program will                                                                                to extend their effectiveness.
                                           receive a zero percent risk weight.2                        SUMMARY: The NCUA Board (Board) is                     In general, two of the temporary
                                              This correcting amendment will add a                     temporarily modifying certain                       amendments will expand the authority




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                                           new § 324.131(e)(3)(viii) to the FDIC’s                     regulatory requirements to help ensure              of FICUs to purchase loans and
                                           regulatory capital rule in conformance                      that federally insured credit unions                participations in loans, thereby
                                                                                                       (FICUs) remain operational and liquid               enhancing their ability to meet liquidity
                                             1 85 FR 20387 (April 13, 2020).                           during the COVID–19 crisis.                         needs. Specifically, the Board is
                                             2 See the definition of ‘‘total capital’’ in the FDIC’s   Specifically, the Board is temporarily              temporarily raising the maximum
                                           capital rules in 12 CFR 324.2.                              raising the maximum aggregate amount                aggregate amount of loan participations


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